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HomeMy WebLinkAbout2018-12-17 BOS-min December 17, 2018 Page 1 of 11 SELECTMEN'S MEETING Monday, December 17, 2018 A meeting of the Lexington Board of Selectmen was called to order at 6:45 p.m. on Monday, December 17, 2018 in the Selectmen's Meeting Room of the Town Office Building. The Board immediately entered Executive Session under Exemption 3 to discuss strategy related to Police Superior Officers employment contract. Upon exiting Executive Session, a short recess was called and Open Session reconvened at 7:06 p.m. Present were Selectmen Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo; Mr. Lucente; and Ms. Hai as well as Mr. Malloy, Town Manager; and Ms. Siebert, Recording Secretary. Selectmen Concerns and Liaison Reports Mr. Lucente: • The Selectmen's Crematory Study Committee had its first meeting on December 10, 2018. The next meeting will be on Thursday, December 20, 2018. A public hearing is planned for early February. Reports on the Committee's progress will be made to the Board monthly. • On Wednesday, December 19, 2018, at 7 p.m. the Recreation Committee will hold a hearing about the Center Track at the Community Center. Mr. Pato: • The Residential Exemption Policy Study Committee had their second Public Hearing on Tuesday, December 11, 2018. The meeting was well attended and a robust discussion took place about residents' concerns and hopes. The final Committee report will be made to the Board of Selectmen in the coming weeks. • The School Facility Master Planning Committee held its third meeting on Friday, December 14, 2018. More detailed projections were made for enrollment and building capacity. The High School will be the focus of the next meetings. Ms. Barry: • Extended the condolences from the Board to the City of Worcester for the recent loss of Firefighter Roy. • Reported that Fire Chief John Wilson recently offered tours to the public of the temporary swing space at 173 Bedford Street. The former Department headquarters has been undergoing demolition in the last few days. Ms. Ciccolo: • Expressed her gratitude for the honor of serving the Lexington Community as a Selectman for the last 5 years. This is her last meeting in that role. Ms. Hai: • The Ad Hoc Special Permit Residential Development Zoning Bylaw Amendment Committee will hold its first meeting on Wednesday, December 19, 2018 in the Parker Room of the Town Office Building. Public outreach meetings will take place this winter. December 17, 2018 Page 2 of 11 Town Manager Report Mr. Malloy reported: • Staff has received a proposed Town Meeting warrant article from the Capital Expenditures Committee (CEC)that seeks to make changes to the Representative Town Meeting Act and the Selectmen-Town Manager Act, which would include the CEC alongside Appropriation Committee in the language of the provisions. Mr. Malloy reported that the Town Moderator supports including the article in the warrant and asked the Board to consider sponsoring it, noting that Town Counsel has drafted language with that approach in mind. The Board reached consensus to sponsor the article. • Job offers have been made to candidates for Assistant Planning Director and Public Information Officer. A new Planner, Molly Belanger, started today. A new Director of Public Health will start on January 2, 2019. The position of Director of Human Services has been posted. The Planning Director position has been re-advertised. An RFP has been released to hire a recruitment firm to conduct the search for a new Fire Chief. Graduation for Citizens' Academy Participants Rajon Hudson, Management Fellow, presented participants in the Citizens' Academy to the Board. The Selectmen engaged the participants in a discussion about the program's highlights and answered questions posed by the graduates. The Board congratulated the graduates and a photograph was taken to commemorate the occasion. Ms. Barry called for a recess until 7:45 p.m. Hearing—New Liquor License—The Hangar at 10 Mag, LLC Ms. Barry opened the Public Hearing at 7:45 p.m. Bill Proia, Remer & Braunstein; Brandon Kelly, proposed restaurant Manager; and Amanda Dole, RJ Kelly Company, presented information about the restaurant with liquor service to be developed at 3 Maguire Road in Lexington, near the intersection of Westview Street. The contemporary-themed establishment would occupy a total of 4,700 SF and include seasonal outdoor seating as well as 98 indoor seats. Mr. Kelly said this restaurant would be a beneficial addition to the amenity-lacking Hartwell Avenue area. Ms. Barry noted that all the necessary paperwork for the new all-alcoholic beverages restaurant liquor license has been submitted. Planning, Health and Building Departments have reviewed this application and have no objections to the liquor license application, noting issuance would be pending approval of the required municipal permits for the restaurant. Applications for Common Victuallers and Entertainment licenses have also been submitted. December 17, 2018 Page 3 of 11 Mr. Lucente asked if there is adequate room for parking and what the hours of operation would be. Mr. Kelly confirmed there is plenty of parking available for a restaurant with the proposed seating capacity. Hours of operation would encompass three meals a day. Mr. Pato agreed the restaurant would provide desired amenities to the area and might have the added effect of staggering evening commuter traffic. Ms. Barry asked if the restaurant would be open to those who do not work in the area. Mr. Kelly reported there has been excitement about the concept beyond the Hartwell Avenue community amd the restaurant might attract weekend business from the nearby Minuteman Bike Path. Ms. Barry asked about the timeframe for construction and opening. Mr. Kelly reported that foundation work would begin this winter; the opening would be the summer of 2019. Ms. Ciccolo encouraged Mr. Kelly to embrace local food sources and to consider offering special occassion event space. David Kanter, Precinct 7 Town Meeting member, asked if food service would be required to be able to order an alcoholic beverage and how the restaurant would affect traffic volumes. Mr. Kelly indicated beverages are complementary to the food, not the main focus and he felt traffic impact would be de minimis. Elizabeth DeMille Barnett, Precinct 7 Town Meeting member, asked what the plan for rodent control will be. Mr. Kelly said he will consult with the Conservation Commission and Board of Health on proper procedures. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve an all alcoholic beverages restaurant liquor license to The Hangar at 10 Mag, LLC d/b/a the Hangar, 3 Maguire Road as per the plans submitted, any substantive changes as determined by the Town Manager will require re-submission as an alter premise application. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a Common Victuallers license to The Hangar at 10 Mag, LLC d/b/a the Hangar, 3 Maguire Road. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve an Entertainment License to The Hangar at 10 Mag, LLC d/b/a the Hangar, 3 Maguire Road. Ms Barry closed the Public Hearing at 8:15 p.m. Elks Request for Keno Screens Hector Reyes and Roger Daugherty, members of the Lexington chapter of the Benevolent and Protective Order of Elks, asked the Selectmen to support and not file an objection to the installation of a display board/screen to facilitate existing Keno betting. Proceeds from Keno go to charitable causes. A previous request for a display board was made several years ago but denied by the Board of Selectmen at that time. The Lexington Elks have a full lottery license. December 17, 2018 Page 4 of 11 Mr. Lucente asked why the previous request was turned down. Mr. Pato recalled the sentiments at the time that were that Keno was a betting activity that the Board did not want to expand. Mr. Pato said, in his opinion, the Elks is a members-only establishment and the addition of a screen does not unduly expand gambling. He does not oppose the current request. Mr. Daugherty clarified that guests of members would be allowed to participate in Keno, and that guests can also now purchase any lottery item the Elks carry. Ms. Ciccolo, Ms. Hai, Ms. Barry, and Mr. Lucente supported the request because of limited, non-public access. Mr. Pato noted there is one other Keno location in Lexington that has a grandfathered license to sell to the public at large. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to support and not file an objection the Lexington Elks' request to install Keno screens at 959 Waltham Street. Discuss Tax Deferral Income Limit for 2019 Annual Town Meeting Vicki Blier and Pat Costello, Co-Chairs, Tax Deferral and Exemption Study Committee, requested an increase in the income threshold for property tax deferrals from $70,000 to $75,000. Mr. Lucente supported the request, noting the threshold had not been increased in a couple of years. Mr. Pato supported the request but asked if a financial impact analysis of this threshold increase had been done. Ms. Kosnoff reported that the Finance Department has not done an analysis but past increases have not created jumps in the number of deferrals. Ms. Barry, Ms. Ciccolo, and Ms. Hai supported the request but would like to see results of an analysis. David Kanter, Precinct 7 Town Meeting member, deemed a financial analysis prudent before presenting the matter to Town Meeting. Particularly, he asked that the level of deferrals be understood. Ms. Barry asked the Tax Deferral and Exemption Study Committee to send an email to the Selectmen's Office about crafting a warrant article for Annual Town Meeting regarding the threshold increase. Hartwell Avenue Update Carol Kowalski, Assistant Town Manager for Development; and Melisa Tintocalis, Director for Development presented an update on the Town's progress for Hartwell Avenue rezoning. The last time the Board of Selectmen heard a Hartwell Avenue status update was June 2018. Ms. Tintocalis said the Hartwell Avenue zoning initiative started in 2017 as an outcome of an Economic Development Summit. Included in the subsequent study of the Hartwell zone, several strategies were considered including expansion of the zone, overlays, mixed use and other changes, amendments to existing zoning dimensions. Traffic remains a major concern, not only if the zone were to expand but also with regard to current levels of activity. Stantech was consulted on traffic infrastructure; RKG developed a fiscal impact analysis. Staff has yet to review these studies but are now in possession of them. Ms. Tintocalis reported that the December 17, 2018 Page 5 of 11 Executive Office of Energy and Environmental Affairs is supportive of the Town's effort on Hartwell Avenue and offered a $33,000 grant to explore how to craft SMART zoning strategies. Mr. Lucente asked that the Board be sent the RKG study. Mr. Pato said the evolution of how the industrial zones grow is critical to a healthy balance in the tax base. He does not want progress to be delayed but making sure the traffic issue is addressed is also critically important. Ms. Barry proposed that the Board of Selectmen and Planning Board meet jointly to discuss the results of the two studies. Ms. Ciccolo asked to hear the Metropolitan Planning Organization's (MPO) opinion on the Hartwell initiative, specifically about traffic/transportation. Ms. Tintocalis said the MPO is interested in keeping Hartwell Avenue on the long-range transportation plan, which is a necessary step before adding it to the Federal Transportation Improvement Plan (TIP). Richard Canale, Planning Board Chair and Lexington representative to the MPO, said that 80% of projects garnering TIP funding would be paid for by Federal dollars, and 20% by the State. Towns typically absorbs design costs. However, to reach the TIP stage, the Town must commit at least 25% of the design costs in order to be approved by the MPO. Mr. Canale reported that the Town of Bedford is interested in partnering on some of these transportation initiatives, which improves the odds of project approval as a multi-town initiative. Charles Hornig, 18 Bacon Street, a member of the Planning Board speaking as potential Citizen Petitioner, said he has been working on Hartwell Avenue rezoning issues as a Planning Board member for 10 years and has a different take on certain aspects of the project. He feels a sense of urgency to move forward more quickly and is proposing two articles for Annual Town Meeting. Mr. Hornig's two proposed articles would address smaller pieces of the full scope of the Hartwell Avenue initiative. The first would relax limits to current dimensional standards on order to allow increased development in the CM/Hartwell zone; the second would allow changes to front yard, side yard, and transition areas. Mr. Hornig feels these changes would affect very few land parcels, Mr. Hornig stated. Uses in the zone would remain the same. Mr. Hornig said he is looking for Board guidance about how to proceed: as a Citizen's Petition, as articles sponsored by the Board of Selectmen, or by not moving ahead at all at this time. Mr. Lucente said that addressing Hartwell Avenue has been a Selectmen's goal for several years. He noted that, even if any alterations were to be made to Hartwell zoning, actual changes to properties with active leases/tenants would not happen right away. He applauded Mr. Hornig's efforts and agreed that Hartwell Avenue should remain on the front burner, but it must be done with traffic solutions in mind. Mr. Pato said he does not see potential harm in much of what Mr. Hornig proposes, and the initiative needs to move forward, but changes in the CM district should be discussed in detail before moving ahead. December 17, 2018 Page 6 of 11 Ms. Barry said she is concerned about timing and process. Community feedback about traffic concerns must be considered and more discussion is needed in general. Ms. Ciccolo noted that a lot of staff time, community time, and consultant fees have been dedicated to the Hartwell initiative to date. The incremental approach to change that Mr. Hornig proposes is one way to go about a rezoning initiative but, holistically, there are many issues to consider. Ms. Ciccolo expressed concern that doing nothing now could mean 10-15 years of no change whatsoever while property values stay flat of decline. She believes it vitally important to a balance tax base to ensure commercial property viability but she is concerned about the effects of articles going forward to Town Meeting that are not thoroughly vetted. Ms. Hai said Mr. Hornig's proposals might provide some needed opportunities but putting unvetted issues before Town Meeting can be less than beneficial. She noted that older buildings in the zone are not environmentally up to date and rezoning/redevelopment provides an opportunity to upgrade building efficiencies, which makes putting the issue before Town Meeting sooner rather than later more compelling. David Kanter, Precinct 7 Town Meeting member, urged the Selectmen to refrain from using Town Meeting to process unvetted articles because the longer-term effects are detrimental. He asked that a financial and traffic analysis be conducted. Ginna Johnson, Planning Board Chair, said there is a need to debate these issues but the Planning Board feels there is not enough time to process Mr. Hornig's proposals before Annual Town Meeting. A discussion about dimensional control in the CM district and set-backs could be included in the upcoming Planning Board workshop scheduled for the end of January 2019. Chris Barnett, 15 Eldred Street, said that traffic on Bedford Street has gotten worse over time. He said changes already made to other commercial districts that were intended to spur redevelopment have not had the intended results and asked that this be delved into before making changes that create more traffic in an area with already failing transportation infrastructure. Signe Spencer, 122 Grove Street, said that changing zoning from Special Permit to by-right would eliminate community control. Elizabeth Barnett, Precinct 7 Town Meeting member, said she is opposed to the changes proposed because they would irreparably harm the Eldred Street neighborhood where she lives due to traffic increases, loss of vistas, declining air, light, and water quality, impacts to the wetland resource areas, and declining home values. She asked the Board to take no action on these two articles, for the Town set aside funds to mitigate current Bedford Street traffic, and for Complete Street practices be implemented in the area. She asked that the North Lexington residents be included in the conversations about changes to the zone. Betsey Weiss, 8 Dover Lane, said she shares traffic concerns but she believes a lot of the vehicles on Bedford Street are heading to Bedford and Carlisle, not down Hartwell Avenue. She said commercial property values must be raised to bring in more tax revenue and that another Town Meeting should not pass without progress on Hartwell Avenue. December 17, 2018 Page 7 of 11 Steve Silva, 9 Volunteer Way, wants to see improvements made to Hartwell Avenue but asked that traffic/transportation be addressed beforehand. He asked the Town to coordinate alternative transportation with MIT and Hanscom AFB, noting that companies have moved away from Hartwell because the traffic is so bad. He also asked that the zone be certified using LEED standards that include transportation efficiencies. Mr. Hornig said he hopes the Board of Selectmen will address traffic in the Hartwell area regardless of whether his two articles move forward. Hanscom AFB and MIT are both expanding and traffic will become more congested in any case. Ms. Johnson reported that she does not believe either of the articles can be characterized as "minor". Four members out of five on the Planning Board voted not to move forward with them and see the issues between the two articles as interrelated. She believes the Comprehensive Plan could name Hartwell Avenue as a high priority action item. Ms. Tintocalis noted that a zoning consultant has been contracted and is on hold to craft new zoning once given direction. A poll of Selectmen was taken. Mr. Lucente supported moving forward with both articles. The other four Selectmen did not support moving the articles forward to Annual Town Meeting so as to provide more time for community discussion. A five-minute recess was called until 10:10 p.m. Determination on Tree Hearing for 223 Grove Street Chris Filadoro, Tree Warden, presented information about a Tree Hearing that was held on September 17, 2018 at 8:00 am at 223 Grove Street. The builder/owner, Mr. Lopez, requested the hearing to discuss the removal of several trees in the Town right-of-way along Grove Street as part of their construction project. One written objection removal was received; Mr. Filadoro requests a determination from the Selectmen per Massachusetts General Law Chapter 87. He reported that the 10 trees in the Town right of way in front of 223 Grove Street are in fair to good condition. He has inspected the trees and found that some of them are growing through the power and communication wires. Removal of these trees would allow for improved sightlines, a sidewalk and bus stop to be installed, and for new trees to be properly planted. He recommends that the Board of Selectman approve the removal of the 10 trees from the Town right of way and that the Tree Bylaw be used to determine replacement and/or mitigation. John Farrington, attorney for the developer; said the trees in question are at the entrance and exit of the Liberty Ridge residential development on Grove Street. The Special Permit obtained by the Planning Board for the development includes removal of these trees. Jack Sullivan, Sullivan Engineering Group, noted there are 5000 trees on the site. The trees identified for removal obstruct sightlines, impede sewer main construction, utility installation, and topography complications. Matthew Foti, Tree Expert for the development, said that the extent of tree removal has been December 17, 2018 Page 8 of 11 scaled back from 15 to 10. The remaining trees should be removed because they occlude sightlines. In his opinion, many of 10 trees are in poor condition with considerable dead wood. Mr. Pinsonnault, DPW Director, said under the guidelines of the Tree Bylaw, replanting; or a fee based on removed caliper inches; or a combination of the two can be used for mitigation. In this case, locations to replant a total of 156 diameter inches can be negotiated with the developer. Gerry Paul, Tree Committee, noted that he had submitted the objection to removal but if the trees are removed, replanting should be the form of mitigation rather than fees paid to the Tree Fund. The Selectmen reached consensus to support the removals for safety reasons as determined by the Tree Warden but they directed the developer and the Tree Warden to submit a mitigation plan before voting approval. Accept Gift of Land-40-42 Ridge Road The acceptance of land at 40-42 Ridge Road has been approved by the Conservation Commission but acceptance requires Board of Selectmen's approval as well. Because of the submission date, the Selectmen had not had the opportunity to read the agreement but Town Counsel reviewed it and had no objections. The donor, David Burns, would like the transactions to take place before the end of the year. Mr. Pato declined to vote approval without reading the document, although he is grateful for the gift. The other Selectmen deferred to Town Counsel's opinion. Upon motion duly made and seconded, the Board of Selectmen voted 4-0-1 to approve two parcels of land known as 40 Ridge Road and 42 Ridge Road, and identified as Town of Lexington Assessors Map 61 Lot 57G, and Assessors Map 61, Lot 57F (the "Property"): 1. To approve the acceptance of gift of the Property by Deed from David E. Burns, Trustee of Debco Properties Development Realty Trust to the Town of Lexington Conservation Commission, which acceptance of gift was approved by Vote of the Town of Lexington Conservation Commission on December 10, 2018; and 2. To authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the acquisition of the Property by the Town in accordance with the applicable Conservation Commission vote, including without limitation signing closing forms and documents as well as settlement statements. Vote Town Office Building Hours Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the revised Town Office Building hours for the offices at 1625 Massachusetts Avenue to be Mondays, Wednesdays and Thursdays 8:30 AM to 4:30 PM; Tuesdays 8:30 AM to 7:00 PM and Fridays 8:30 AM to 1:00 PM. December 17, 2018 Page 9 of 11 Visitors Center Update—Temporary Space Staff has reviewed three options for the temporary headquarters for the Visitors Center, which include trailers (for both the Visitor's Center and Public Restrooms), use of the genealogy room at Cary Memorial Library, or renting existing space near the current Visitors Center. A decision must be made in the next week to keep the project on track. Staff recommends renting trailers for both the Visitor's Center and Restrooms. Mr. Lucente asked if the Historic Districts Commission has expressed an opinion on these trailers. Mr. Malloy reported that it has not yet gone before the HDC. Mr. Pato, Ms. Barry, Ms. Ciccolo and Ms. Hai expressed disappointment that existing Town facilities were not found suitable for the temporary site. Ms. Hai expressed disappointment that exploration of the Cary Memorial Building was not pursued. Although a vote was not requested, Mr. Pato and Ms. Barry declined to support the recommendation as presented. Kerry Brandin, Tourism Committee member, reported that the Committee discussed this proposal at its November 19, 2018 meeting without coming to a conclusion. Fred Johnson, liaison to the Tourism Committee from the Center Committee, said that, after several discussions, the Center Committee voted unanimously to support the staff recommendation in order to keep Visitor Center pedestrian traffic on the current site. Electric Vehicle Charging Station Agreement Mr. Malloy presented three agreements between Eversource and the Town for the installation of the EV Charger Stations in Town parking lots. The first agreement is the Site Host Agreement which basically states that, as the property owner, the Town agrees to host the charging stations for at least 5 years; the second is the Easement for Electric Service which allows Eversource to run the electric lines to the Charging Units; the third is the Site License Agreement which allows Eversource to install the infrastructure. EV charging stations were discussed at a previous Selectmen's meeting and Town Counsel has reviewed the agreements. Mr. Malloy cannot sign the agreements until Town Meeting votes the exact appropriation (estimated to be approximately $8,000 per unit). Ms. Barry emphasized that the Town Meeting motion should be made very clear what is being requested. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town Manager to execute the Site Host Agreement as presented, Easement for Electric Service and Site License Agreement as presented or as may be amended by Town Counsel for five (5) electric vehicle charging stations subject to Town Meeting appropriation and Historic Districts Commission approval. Vote on AFSCME Building Maintenance, Local 1703 Contract Ms. Barry was recused from this item as her husband is employed by the Town of Lexington. Ms. Ciccolo performed the duties of Chair. December 17, 2018 Page 10 of 11 Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the contract between the Town of Lexington and AFSCME Local 1703 Building Maintenance Division for FYI 9-21 and further to authorize the Town Manager to execute the MOU as presented. Review Parcel Transfer Request0 Hillcrest Avenue, Parcel 20-193 Mr. Malloy reported that he believes there is a value to the Town to retain ownership of the parcel as there is a sewer line running through it and because of its low value, shape and size. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 decline the request for the Town to sell 0 Hillcrest. Annual License Renewals Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the license renewals as presented, noting remaining paperwork to be submitted in several cases. Elect Board of Selectmen Vice Chairman Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to elect Doug Lucente Vice-Chairman of the Board of Selectmen. Selectmen—Committee Re-Appointments/Resignation Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Paul O'Shaughnessy as a Full Member on the Historic Districts Commission representing LACS for a term to expire December 31, 2023. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Mark Connor as an Associate Member on the Historic Districts Commission for a term to expire December 31, 2023. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignation of Michelle Ciccolo from the MassPort Community Advisory Committee and MAGIC, effective immediately. Discuss Board of Selectmen Name Change Proposal for 2019 Annual Town Meeting Ms. Hai requested that the Board of Selectmen consider changing references to "Selectmen" to "Select Board" throughout official town documents and that the Board be referenced as the Select Board. Ninety municipalities in Massachusetts have already made this change. Mr. Malloy reported that Town Counsel has provided three different articles for Town Meeting, in the event that the Board approves the initiative. 1) amend the Selectmen-Town Manager Act; 2) amend the General Bylaws; and 3) amend the Zoning Bylaws. The Selectmen reached consensus to move this matter forward to Town Meeting. December 17, 2018 Page 11 of 11 Consent Agenda • Approve One-Day Liquor License—Cary Memorial Library Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One Day liquor license for the Cary Memorial Library Foundation to serve wine, beer and liquor on Saturday, March 23, 2019 from 7:00 p.m. to 11:00 p.m. for the purpose of their 150th Anniversary Gala- Fundraiser being held at the Cary Memorial Library, 1874 Massachusetts Avenue. Adjourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 11:35 p.m. A true record; Attest: Kim Siebert Recording Secretary